- (1.) P class="paragraph"
(2.) Heard the learned Counsel for the Petitioner / Appellant as well as the learned Counsel for the State. The Report regarding juvenility of this Appellant / Petitioner was called for by this Court. Finally, a Report has been submitted by the learned Assistant Sessions Judge, 2nd Court, Paschim Medinipur reporting, inter alia, that the Appellant / Petitioner, namely, Amar Digar was a juvenile on the date of commission of the offence.
(3.) A similar matter came up before this Court vide C.R.A. 515 of 2011 and by an Order dated 29.08.2012, a Division Bench, inter alia, observed and held as follows : "The finding of the Trial Court has not been disputed from the side of the State. We have also very carefully gone through the same and find no fault therein. Thus, in view of the fact the appellant was a juvenile in conflict with law on the date of the incident, his regular trial under the provisions of Code of Criminal Procedure is absolutely without jurisdiction and the conviction and sentence passed against him in the said trial is wholly illegal and cannot be sustained and accordingly the same is set aside.";